In more detail
Town planning law in England dates back to the 1909 Housing and Town Planning Act - though 19th century Housing Acts and bye-laws introduced building standards in Victorian England. Later in the 20th century, rebuilding cities which had suffered extensive bombing during the Second World War gave rise to the Town and Country Planning Act 1947. This law brought in the idea of planning permission (owning land no longer meant you alone could choose how to develop it); compulsory purchase orders; and the basis for the listing of buildings of special architectural or historic interest.
Most of the relevant planning law today is contained in:
- the Town and Country Planning Act 1990
- the Planning and Compulsory Purchase Act 2004
- the Localism Act 2011
- and the National Planning Policy Framework (NPPF) introduced in 2012.
Town and Country Planning Act 1990
This law defines which local authorities act as local planning authorities; sets out the basis for development control and planning agreements (sometimes called section 106 agreements related to the idea of ‘planning gain’ which is when developers entered into planning obligations to provide money to offset the external costs of development); defines enforcement actions; and contains clauses dealing with tree protection, advertising, highways planning and other aspects of planning.
Planning and Compulsory Purchase Act 2004
This law sets out the Local Development Framework maintained by each planning authority (replacing the system of structure plans and local plans established by the 1990 Act); makes it easier for local authorities to compulsorily purchase land; abolishes Crown immunity (making government departments and other public bodies subject to planning law); and replaces 'planning obligations' with 'planning contributions'.
Localism Act 2011
The Localism Act 2011: introduced neighbourhood planning, the community right to build, the community right to bid (on assets of registered social value); and reformed the Community Infrastructure Levy with the intention of ensuring more of the money goes to neighbourhoods directly affected by developments.
The Localism Act gave local authorities a power of general competence (to do anything which it would be legal for any person to do) and made changes to the way business rates work designed to encourage local authorities to be more enterprising.
The Act clarified the law on ‘predetermination’ with the effect that local councillors may speak out and campaign on local development proposals, for example, even if they are members of a committee that will decide on those proposals.
The Act abolished regional strategies but provided planning authorities with a duty to cooperate with each other; and changed the way nationally significant infrastructure projects are dealt with.
| Key Facts:
There are three main bits of legislation that set out the statutory framework for the planning system in England:
The government - accountable to Parliament - sets a National Planning Policy Framework to explain how these laws will be applied in practice. Local councils devise their own local planning framework to explain how the NPPF will be applied locally. Parish councils and neighbourhood forums, as well as local councils, can make local plans which, once adopted, form part of the local planning framework. |
Page Links from here
Planning legislation on the Planning Portal
and in this toolkit:
National Planning Policy Framework
OR you can use the navigation menu above right to look at other parts of the toolkit.
BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-06-11 08:48:22 | by: admin | status: f published |